Over the course of the past few months, years of police misconduct, public protest and political inaction have imploded in Malaysia, following the circulation of a furtively taped video phone message, showing a nude woman being forced to squat while in police custody. The video, following on the heels of claims of similar abuse by a group of Chinese women late in 2004, has galvanised the Malaysian people, led to a Commission of Inquiry into the matter, and forced the government to act on the recommendations of an overlooked 2004 Royal Commission into the problems of the Royal Malaysia Police. In January this year, the Malaysian Prime Minister announced that his government would establish an independent complaints authority as part of wide ranging reforms of the police in response to the scandal.

Road to nowhere - the first Royal Commission into Policing

In December 2003, with an election looming, the Malaysian government put together a Royal Commission to look into policing ("the first Commission"). The community was dissatisfied with the police it was subject to; human rights violations were widespread, there were high numbers of deaths in custody and fatal shootings by police and there was a general sense that the police acted first, in a very heavy handed way, and then thought later. The first Commission was set up to assess the role of the police and to look at its operating procedures, recruitment and training practices, while looking to end police corruption and brutality. It was charged with transforming the police service into "a world class, twenty first century organisation that is efficient, clean and trustworthy, dedicated to serving the people and the nation with integrity and respect for human rights." In February 2004, about two hundred people met outside the police headquarters in Kuala Lumpur to call for police reforms. The demonstrators carried posters warning to "beware of violent police". The police responded with high pressure water cannons containing chemical irritants; the group dispersed, but not before seventeen of the protestors were arrested. Those detained were released shortly after. Commentators noted that this was just the kind of behaviour the protestors were seeking to highlight and prevent. The Royal Commission produced a report that identified major challenges, and made 125 recommendations for reform. The three major challenges identified were high levels of crime (and associated public fear for individual safety), police corruption and police abuse of power. Key recommendations included:

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• an independent police complaints authority (the recommendation included a draft Bill for immediate tabling in Parliament);
• a change in detention practices, including a reduction in the periods allowed for detention without charge (from 15 days), production of a detained person before a Magistrate within 24 hours, and access to lawyers and family within 7 days of arrest (the suggested standards were still well below international best practice);
• a Code of Practice dealing with arrest and detention;
• a shift from confession based investigation to evidence based investigation; and
• automatic inquiries into custodial deaths, conducted in a transparent manner.

The Report failed to deal with the high numbers of fatal shootings by police.

The Report presented an opportunity for the Malaysian government to implement widespread reforms, and massively improve the quality of the community's experience of policing. The government let this opportunity slide, and failed to report the implementation of any recommendations related to accountability, transparency or the inclusion of human rights norms into policing practice until recently, following new revelations of police misconduct and subsequent public outcry.

Search by squatting: schoolyard bullying tactic or police operating procedure?

On June 29 2005, a Malaysian woman was arrested, along with five others, for the possession of a methamphetamine, speed. She was taken to a police holding cell, told to strip naked and then forced to repeatedly squat, holding her hands to her ears. This cruel schoolyard bullying tactic, known as ketuk ketampi, was ostensibly employed to discover whether she had concealed any drugs on her body. Such a tactic is a violation of the United Nations Declaration of Human Rights; it constitutes torture and inhumane and degrading treatment. In any case, a gynaecologist giving evidence to an inquiry into the incident cast doubt on the effectiveness of the procedure, saying it would not dislodge items concealed on the body. Unknown to the detainee, the incident was filmed by a male police officer on his mobile phone. The 71 second clip was then circulated by the officer, and eventually made its way onto DVD, into public, and then to Parliament, where opposition member Teresa Kok screened it during a November 24 2005 sitting. Initial concerns that the detainee was a Chinese National caused the involvement of the Chinese government, and led to apologies by high level government officials on the international stage. The clip sparked public outrage in both Malaysia and China.

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On 2 December 2005, the government announced that it was setting up a five member independent commission to look into the alleged misconduct ("the second Commission"). Each of the five members, presided over by a former Chief Justice of Malaysia, had previously served on the first Commission. The second Commission was charged with:

• determining whether the detainee was a Chinese National arrested and detained by police who had earlier complained of being subjected to the nude squat procedure;
• investigating the handling of the body search of the detainee;
• reporting on any impropriety related to the body search; and
• looking at the standard police procedures related to body searches and proposing any necessary changes.

The Commission held a four day public hearing in December 2005, and handed a report on the incident to the Malaysian King on January 17 2006. The Report identified the detainee, held nude squats to be improper and in violation of human rights principles, critiqued police procedures, and provided a detailed manual on how to go about body searches. The Commission also made a number of recommendations, including a repeat of the first Commission's call for human rights awareness training for the police, and the establishment of an independent complaints commission. Importantly, the Commission called for "…a shift in the mindset of those within the [police] so that there is an unwavering commitment to work towards a police culture that is more effective, responsibility driven and human rights sensitive."

A place to go - setting up an independent complaints commission

On January 25, 2006, the Malaysian Prime Minister, Abdullah Ahmad Badawi announced that an independent body to look into complaints against police would be set up, and "effective as soon as possible." This news was not warmly received in all quarters; three police organisations immediately called for the decision to be reviewed on the basis that the police were already subject to a number of oversight mechanisms. The government has also promised to place a Code of Conduct for body searches in the Criminal Code. Prime Minister Badawi has also said that he has directed the police to make public reports setting out which of the recommendations from both the first and second Commissions have been implemented. The Independent Police Complaints and Misconduct Authority (IPCMC) is yet to start operating; nor have its powers, structures and mandates been revealed. Fingers are crossed that the IPCMC is empowered to fulfil a mandate that allows it to have a real impact on the quality of policing in Malaysia. The minimum requirements for a successful oversight body are:

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• independence - the body should be independent of the police and the executive, and report directly to Parliament;
• sufficient power - the body should have the authority to independently investigate complaints and issue findings (this includes the powers to conduct hearings, subpoena documents and compel the appearance of witnesses);
• adequate resources - this involves financial support, infrastructure backup and skilled human resources; and
• the power to follow up on recommendations - this means that the body can make public reports, follow up recommendations with the police, and draw Parliament's attention to police inaction.

Conclusion

In early February, the police announced that each of its members at the Officer Commanding Police District rank would attend a human rights training seminar within the month. This is a positive step forward, as is the creation of an independent complaints commission, a more transparent implementation of the first and second Commissions' recommendations and the outlawing of the practice of nude squats. The government and the police will need to be watched and monitored as the recommendations are implemented, however. As recently as Chinese New Year, police officers were reported to have arrested eleven senior citizens for gambling in a Balakong coffee shop, after the men met for dinner, drinks and mahjong. The detainees were then shaved bald by the police officers (in contravention of a Chinese tradition to avoid head shaving during New Year celebrations). These are not the actions of a modern, accountable police service with an entrenched respect for human rights. The sooner the Malaysian police are reformed, in line with the recommendations put forward by the first and second Commissions, the sooner these kinds of incidents will stop filling the front pages of newspapers across the world.

Daniel Woods
Access to Justice Programme
CHRI